Tuesday, August 14, 2018
Headlines Daily Digest
The Current Definition of ‘Broadband’ Is Too Slow and Ajit Pai Refuses to Change it
Don't Miss:
Tom Wheeler: FCC must proceed with Sinclair hearing
Digital Divide/Broadband
Wireless
Ownership
Privacy/Security
Government & Communications
Platforms/Content
Policymakers
Health
Digital Divide
With the Federal Communications Commission preparing its latest report of the state of broadband in the States, the focus has shifted once again to whether the current definition of broadband is currently fast enough. Especially on the upstream side of the aisle, where 3 Mbps is starting to look notably last-generation in the face of symmetrical, gigabit connections. And once again, FCC Chairman Ajit Pai is hoping to keep the broadband definition bar set at ankle height.
In a recent Notice of Inquiry, Pai’s FCC proposed keeping the current 25/3 definition intact. Again, adequately defining broadband is important because it determines whether the nation’s broadband providers are deploying "advanced telecommunications capability” to American consumers. Given the rise in 4K streaming, cloud storage, and next-gen services, it’s easy to see how the 3 Mbps upstream definition is starting to look a bit antiquated.
TracFone Wireless, a reseller active in the Federal Communications Commission's Lifeline program, filed an emergency petition with the FCC on August 10 raising concerns about the government’s new national verifier tool, meant to help ensure subscribers are who they say they are and avoid the waste, fraud and abuse that has plagued the program in the past. The Obama-era reform finally began rolling out on a preliminary basis in some states this summer. But the government “is launching the Verifier before obtaining access to key databases necessary to automatically verify subscriber eligibility based on participation in qualifying federal programs, particularly Medicaid,” TracFone warned, urging a freeze of the rollout until concerns are addressed.
Comcast has announced that its subsidized Internet program Internet Essentials has now been provided to six million low-income Americans, and that it will expand the program to nearly one million low-income military veterans. Comcast said it has connected two million users to Internet Essentials just in the last year—its largest annual increase to date.
On March 21, 2018, Sens Tom Udall (D-NM), Tina Smith (D-NM), and Maria Cantwell (D-WA), and Rep Ben Ray Luján (D-NM), sent a letter to the Federal Communications Commission expressing concern over the FCC's report and order"wireless infrastructure streamlining" and asked the FCC to delay finalizing the rule, "until a truly meaningful consultation with Indian Tribes occurs." On Aug 3, Chairman Pai responded, saying that in developing the new rules, the Commission engaged extensively with tribal nations, inter-tribal organizations, and state and local historic preservation officers.
The Federal Communications Commission has filed a document with the US Court of Appeals for the District of Columbia that could help the Trump Administration's challenge of a DC district judge's decision to allow the merger of AT&T/Time Warner, which closed back in June. That includes the current, Republican-led FCC emphasizing the previous Democratic-led FCC's conclusion that the Comcast/NBCU transaction would increase bargaining leverage and raise prices of programming to rival distributors—hence the conditions applied on that deal.
US District Court Judge Richard Leon ruled June 12 that the government had failed to prove its case that the merger would not be in the public interest. While the FCC's legal team, led by general counsel Tom Johnson, said it was not filing in support of any side, instead simply clarifying the lower court's apparent misconstrual of the commission's adjudicatory proceedings, its friend of the court (amicus) brief would be friendlier to the Trump side since it could buttress the Administration's appeal of that district judge's decision. The FCC told the appeals court it wanted to clarify that the judge should have given weight to comments AT&T and DirecTV had filed in previous mergers, including the Comcast/NBCU merger, arguing that, in those vertical mergers—like AT&T-Time Warner—the result could be higher fees. The district court held those documents to be of limited value because AT&T and Time Warner had reason to argue against allowing a competitor to get bigger, and thus argue for the increased bargaining leverage theory those companies said did not apply to their merger.
Sinclair Broadcasting has a right to establish that that they did not engage in “misrepresentations and/or lack of candor”—an assertion by the Federal Communications Commission—in matters related to its $3.9 billion acquisition of Tribune Media. The FCC has designated the matter for an administrative hearing before an administrative law judge. That hearing must go forward. The character of the licensee is an important component in determining whether the party is a fit trustee for the public’s airwaves. Whether there were misrepresentations to the agency is an important indicator of fitness to hold a broadcast license—and Sinclair holds 173 such permits. The importance of the FCC following through on the administrative hearing was made even more important by President Trump’s tweet after the Commission’s action. When the President of the United States describes the Commission’s decision in such pejorative and judgmental terms, the agency has a responsibility to uphold the honor and integrity of its processes and not to allow a shadow to hang over its proceedings. Here’s what to watch for, however: a backroom consent decree deal.
[Tom Wheeler served as the 31st Chairman of the FCC from 2013-2017]
California should reject requests by industry groups to water down the state's new privacy law, a coalition of 20 advocacy groups said in a new letter to lawmakers. "The sky is not falling, as industry suggests," said the ACLU of California, Berkeley Media Studies Group, Center for Digital Democracy, Consumer Action, Electronic Frontier Foundation, Public Knowledge and other advocacy groups. "The law and its particulars do not pose a threat to the California economy," they write. "California has a long tradition of leading the nation on privacy laws as well as having a thriving economy." The California measure, passed in late June and slated to take effect in January 2020, allows consumers to learn what personal information about them is held by businesses, and to opt out of the sale of that information. Even though the new law has already been signed, it's still subject to revision through a "technical corrections" process. In theory, that process is supposed to correct non-substantive mistakes.
Google wants to know where you go so badly that it records your movements even when you explicitly tell it not to. Many Google services on Android devices and iPhones store your location data even if you’ve used a privacy setting that says it will prevent Google from doing so. For the most part, Google is upfront about asking permission to use your location information. An app like Google Maps will remind you to allow access to location if you use it for navigating. If you agree to let it record your location over time, Google Maps will display that history for you in a “timeline” that maps out your daily movements. However, some Google apps automatically store time-stamped location data without asking. For example, Google stores a snapshot of where you are when you merely open its Maps app. Automatic daily weather updates on Android phones pinpoint roughly where you are. And some searches that have nothing to do with location, like “chocolate chip cookies,” or “kids science kits,” pinpoint your precise latitude and longitude — accurate to the square foot — and save it to your Google account.
President Donald Trump has made it official: Government contractors can't buy equipment from Chinese telecoms ZTE or Huawei as part of those contracts, and must submit a plan for phasing out the use of that equipment from its systems. That came with President Trump's signature of the John S. McCain National Defense Authorization Act and after the companies were called out by top US intelligence officials as tied to the Chinese government and thus a national security threat. The technology includes everything from phones, tablets and smartwatches to mobile hot spots, broadband routers, switchers and servers. The Senate-passed version of the bill would have reinstated the ban on US tech exports to ZTE as well, but that language was stripped from the final, conferenced, version of the bill. The language preventing government contractors from the tech remained, however.
We always assumed technology and the naked transparency of social media would feed people’s taste for freedom and thirst for democracy. Right now, that assumption looks flawed -- technology might actually solidify the standing of despots and provide them with a new way to exert their power. Ian Bremmer — political scientist, president and founder of Eurasia Group, and author of "Us vs. Them: The Failure of Globalism" — recently unpacked this issue in a letter to clients. If "the world's most powerful authoritarian states can effectively marshal technologies that give them control over their people...that's a much more geopolitically significant trade to keep favored despots in power than arms sales or even colonialism," he said. Bremmer says changing technology makes him think differently about political stability in China Advances "in facial recognition technology and big data possessed by [Chinese] authorities has dramatically reduced public demonstrations." When everyone is registered in a public database and the Chinese government "can immediately determine who is an enemy of the people, you get fewer self-proclaimed enemies pretty quickly."
President Donald Trump criticized the news media during a speech to members of the military. The president, speaking at upstate New York's Fort Drum, claimed 4 million new jobs have been created since his election in November 2016, a number he said, "the media in the back never said would be possible." After President Trump's comment was met with cheers and applause from soldiers in the room, he launched into an aside about the media. "I'm so proud of myself. I didn't call them the 'fake news media,' " President Trump continued. "I said to myself, 'I will not today, in front of our great armed forces, call them 'fake news.' We know the real truth but we won't say it today."
President Donald Trump’s anti-press rhetoric is “very close to incitement to violence” that would lead to journalists censoring themselves or being attacked, the outgoing United Nations human rights commissioner has said. Zeid Ra’ad al-Hussein, a Jordanian prince and diplomat, is stepping down in August as UN high commissioner for human rights after deciding not to stand for a second four-year term, in the face of a waning commitment among world powers to fighting abuses. Zeid said the Trump administration’s lack of concern about human rights marked a distinct break with previous administrations, and that President Trump’s own rhetoric aimed at minorities and at the press was redolent of two of the worst eras of the 20th century, the run-up to the two world wars. Zeid singled out the US president’s repeated designation of the press as “the enemy of the people”. “We began to see a campaign against the media … that could have potentially, and still can, set in motion a chain of events which could quite easily lead to harm being inflicted on journalists just going about their work and potentially some self-censorship,” Zeid said. “And in that context, it’s getting very close to incitement to violence.”
Platforms/Content
Would Sen. Warner’s Ambitious Plan to Regulate Social Media Giants “Ruin” the Internet—Or Save it?
Sen. Mark Warner’s proposals to regulate social media platforms are by far the most ambitious to come from Congress. Here, three experts discuss the pros and cons: 1) Beton Senior Fellow and Public Advocate Gigi Sohn. She is also a Distinguished Fellow at the Georgetown Law Institute for Technology Law & Policy. 2) Daniel Crane, an antitrust law expert and the Frederick Paul Furth Sr. Professor of Law at the University of Michigan. 3) Hal Singer, an antitrust economist and senior fellow of the George Washington Institute of Public Policy.
Benton (www.benton.org) provides the only free, reliable, and non-partisan daily digest that curates and distributes news related to universal broadband, while connecting communications, democracy, and public interest issues. Posted Monday through Friday, this service provides updates on important industry developments, policy issues, and other related news events. While the summaries are factually accurate, their sometimes informal tone may not always represent the tone of the original articles. Headlines are compiled by Kevin Taglang (headlines AT benton DOT org) and Robbie McBeath (rmcbeath AT benton DOT org) — we welcome your comments.
© Benton Foundation 2018. Redistribution of this email publication — both internally and externally — is encouraged if it includes this message. For subscribe/unsubscribe info email: headlines AT benton DOT org
Kevin Taglang
Executive Editor, Communications-related Headlines
Benton Foundation
727 Chicago Avenue
Evanston, IL 60202
847-328-3049
headlines AT benton DOT org
The Benton Foundation All Rights Reserved © 2018